17Action for death caused wrongfully[[2]](#endnote-3)

17 Action for death caused wrongfully[[2]](#endnote-3) (1) Every such action shall be for the benefit of the dependants of the person whose death has been so caused and shall be brought by and in the name of the executor or administrator of the person deceased; and in every such action the jury or the court if the trial is without a jury may give such damages as they or it think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action is brought; and the amount so recovered after deducting the costs not recovered from the defendant shall be divided amongst the before-mentioned parties in such shares as the jury or court by their or its verdict find and direct. S. 17(2) inserted by No. 9856 s. 4. (2) In subsection (1) the word ***dependants*** means such persons as were wholly mainly or in part dependent on the person deceased at the time of his death or who would but for the incapacity due to the injury which led to the death have been so dependent. No. 3807 s. 17.